FELA and Railroad Lawsuits
Workers who are exposed to toxic chemicals such as diesel exhaust, coal fumes or asbestos may be diagnosed with serious illnesses like cancer. A successful FELA case could be awarded damages to cover medical expenses, lost income as well as pain and suffering.
Union Pacific recently awarded $7.5 Million to an employee of the railroad who contracted Leukemia. This is just one instance of the justice system standing up for the victims.

railroad controls limited lawsuit are often exposed to chemical solvents, as well as other hazardous substances, such as benzene. Benzene is a highly evaporative liquid that can be absorbed by the skin or inhaled. It has been linked with a variety of medical diseases, such as blood cancers, cancers of the blood like leukemia and lymphoma as well as bone marrow diseases. It is also a carcinogen and is a component of coal creosote, a substance used to protect railroad tracks from heat, sunlight, rain and snow.
One former rail worker claimed that his exposure to benzene while working with coal tar creosote on railroad ties caused Myelodysplastic Syndrome (MDS), which grew into Acute Myeloid Leukemia. A jury gave the man $7.5 million in September of the year before.
Anyone diagnosed with cancer or other chronic illnesses that result from daily exposure to benzene, asbestos radioactive substances, benzene and other toxic chemicals can seek compensation under FELA. The statute of limitations can vary based on the type and degree of cancer or illness. It is essential to consult an experienced attorney whenever you can.
Shaw Cowart's railroad lawyers will help you determine if your case is a candidate to be a FELA lawsuit. We provide free consultations and are conversant with FELA railway workplaces, FELA and the dangerous cancer-causing substances many railroad employees face every day.
Asbestos
Our attorneys have represented railroad workers who suffered from lung cancer and other health conditions as a result of asbestos exposure. They frequently worked in areas such as repair shops, engine rooms, and yards and on rail cars that had been damaged or on track equipment that had asbestos insulation that was degrading. This kind of asbestos is especially dangerous since, when it begins to degrade, tiny fibers are released into the air. These fibers could be inhaled by railroad workers and cause mesothelioma and other asbestos-related health conditions such as lung cancer, asbestosis, pleural plaque and fibrosis.
In addition to asbestos railroad workers are at high risk for developing lung disease due to diesel exhaust as well as exposure to other workplace toxins such as welding fumes, solvents and silica sand. These fumes can cause damage to the kidneys, lungs and the gastrointestinal tract. These injuries can be detected years after the first exposure and can result in various serious and debilitating ailments.
A recent case against Conrail highlights the risks associated with this type of work. The Appeals Court upheld a jury award of $2.3 million to the railroad company for a former railway employee who passed away from mesothelioma. A jury awarded damages for his pain and suffering, loss of companionship, future medical expenses and other expenses. This case highlights the importance of working with an experienced attorney who can quickly determine whether an FELA claim is legitimate.
Radioactive Substances
Railroad workers who have been exposed to radioactive substances are at risk for developing certain types of cancers and other serious ailments. These substances are typically hidden in the materials used by railroads to clean tracks and other rail yards. It is often difficult to recognize them unless the railroad company actively tests for Gamma and Alpha radiation. If a railroad employee is diagnosed with cancer or another condition caused by exposure to carcinogenic chemicals on their job, they can make an FELA claim and receive compensation from their former employer.
Railroad workers are more likely than others to develop cancer. This is due to being constantly exposed to toxic substances that can lead to lung cancer, like asbestos, the sand dust (silica) as well as welding fumes, diesel fumes and creosote.
Railroad employees who have been diagnosed with cancer as a consequence of exposure to the workplace should speak to a railroad lawyer as soon as they can. They can assist them in determining whether they have a claim against the former employer and make the appropriate lawsuits based on FELA. These claims can include compensation for medical expenses, loss of income, and discomfort and pain. They can also compensate for the death of a loved one as an wrongful-death case. An experienced railroad attorney can assist victims get the maximum amount of damages they are entitled to under FELA.
FELA
Engineers, conductors and train crew members work in dangerous environments that can cause damage to their lungs without even realizing. Former railroad workers who have developed lung cancer or other conditions that could be caused by their job may claim compensation under Federal Employers Liability (FELA).
Unlike workers' compensation, FELA allows railroad workers who are injured to sue. This includes future and past emotional and medical expenses. An attorney familiar with FELA regulations could explain to you the options available to.
In order to prevail in a FELA claim you must show that your employer was negligent. The definition of negligence can include breaking a law or rule, failing to meet the standard of reasonable care, and so on. A FELA lawyer will review your case and determine whether railroad negligence was the cause of your condition.
Many different lung diseases and illnesses could be attributed to exposures from railroads. If you were exposed to asbestos, diesel exhaust, creosote and other toxins throughout your employment on the railroad, a qualified mesothelioma attorney will assist you in claiming compensation under FELA. Hughes Law Offices has handled FELA cases in the past, and they have resulted in various verdicts and settlements.